Janeshwar Kurre vs State Of Chhattisgarh

Naresh Kumar Chandravanshi, J

This is 1st bail application filed under Section 439 of the Cr.P.C. for grant of regular bail to the applicant, who has been arrested in connection with Crime No. 126/2023 registered at Police Station Punjipathara, Distt. Raigarh (C.G.), for the offence punishable under Section 341, 323, 395, 307 of IPC.

Prosecution story in brief is that on 16.5.2023, complainant Radheshyam Mahant was coming from Pamgarh Kharsiya after visiting his friend Tarachand Patel, and on the way, main accused namely Khilawan Das Mahant along with his 2-3 friends stopped him and demanded Rs.50,000/- from him. It is further alleged that the accused persons after taking off the cloths of the complainant poured petrol on his back and set him on fire. It is also alleged that the accused persons gave current on the private part of the complainant through plug of the motorcycle. Based on the above facts, present crime has been registered against Khilawan Das Mahant and 2-3 other persons. During the course of investigation, involvement of present applicant was found in the aforesaid crime, hence, charge sheet was filed against present applicant and 4 other accused persons along with Khilawan Das Mahant.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant case. He would further submit that neither the applicant has been named in the FIR nor any incriminating articles were seized from present applicant. It is further submitted that in the identification parade also, though complainant Radheshyam had identified the applicant as accused, but in the deposition, he has clearly denied that any identification parade was conducted and he had identified the applicant and other accused persons. He would further submit that this is the first offence registered against applicant, charge sheet has been filed. It is submitted that similarly situated co-accused persons namely Umesh Kumar Khande and Umesh Rathiya have been released on bail by this Court vide order dated 13-3-2024 passed in MCRC No. 1403/2024, hence, he may be released on bail.

On the other hand, learned counsel for the State opposes the bail application and submits that it is a case of not only loot but also a case of burning the complainant by pouring kerosene upon him. Considering such brutal conduct of the accused persons, applicant may not be released on bail.

I have heard learned counsel for the parties, perused the case diary and material available on record.

Considering the facts and circumstances of the case, particularly considering the fact that the applicant has not been named in the FIR and the complainant has also stated in his deposition that identification parade was not conducted and he has not identified the present applicant, and further the applicant is in jail since 20.5.2023, and similarly situated co-accused persons namely Umesh Kumar Khande and Umesh Rathiya have been released on bail by this Court vide order dated 13-3-2024 passed in MCRC No. 1403/2024, I feel inclined to allow the bail application.

Accordingly, the bail application is allowed and it is directed that the applicant shall be released on bail on his furnishing a personal bond in sum of Rs. 25,000/- with one surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial court regularly on each and every date as per direction of the court, unless exempted from appearance.

Certified copy as per rules.